§ 40-3-17 FLAGS AND FLAGPOLES.
   (A)   One flagpole no more than 20 feet above ground level, and not more than two flags measuring no more than three feet in width and no more than five feet in length is permitted on each lot in all residential zoning districts. One flagpole no more than 35 feet above ground level and two flags measuring no more than five feet in width and no more than eight feet in length is permitted on each lot in all business, industrial, and agricultural zoning districts.
   (B)   No flagpole shall be permitted on any public right-of-way or easement.
   (C)   The Board of Zoning Appeals, also known as the Zoning Board of Appeals, shall, under the provisions of § 40-7-4 of this code, have the power to grant a variance from the requirements of this section to allow one flagpole of no more than 40 feet above ground level on each lot.
   (D)   After consideration of an application for a flagpole higher than 40 feet above ground level by the Board of Zoning Appeals, also known as the Zoning Board of Appeals, and its recommendation thereon, the City Council shall have the power to grant further variance from the requirements set forth in this section. The City Council shall not grant a variance from the aforementioned requirements unless it finds that the conditions set forth in § 40-7-4(B) of this code exists.
(Ord. 1169, passed 1-2-2001) Penalty, see § 1-1-19